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{
    "id": 1488896,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1488896/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Mr. Eric Gumbo",
    "speaker_title": "",
    "speaker": null,
    "content": "Counsel, Hon. Paul Muite, would want to persuade this House to believe, the proceedings before this House have not been the subject or have not been transacted pursuant to Article 145(6). On the 9th October this year, this House passed a resolution pursuant to the provisions of Article 145(3). Pursuant to that resolution, there was a Gazette Notice that clearly indicated that this House was not going to determine the matter at hand from a committee perspective, but that the whole House would then be determining the matter. It then follows that the provisions of Article 145(6) would not be applicable. In the same Gazette notice, you did Gazette the 16th and 17th of October to be the days assigned for the hearing and determination of the Motion that is before you. That said, we appreciate the place of a fair hearing and an opportunity to be accorded the chance and the facilities to defend oneself in a Motion such as this. I would want to add that the opportunity to be heard does not have to be oral. The rules of this House permit that parties appearing could elect to be represented. They could elect to come in person. They could file documents. His Excellency the Deputy President had participated robustly in the proceedings before the National Assembly, where they filed a detailed replying affidavit and a response. If my memory serves me right, let me just make a quick reference. Before the National Assembly, His Excellency the Deputy President filed a response dated 8th October, 2024. When the proceedings before this House began, His Excellency the Deputy President again filed a very robust response dated the 12th of October 2024. Up to this point in time, His Excellency the Deputy President and his team have had a beautiful opportunity to present their case. They have had an opportunity to cross-examine in detail all the witnesses that were presented before this House. If any prejudice were to be occasioned in the course of hearing this matter, that prejudice would be on us because our expectation would be that His Excellency the Deputy President would attend and avail an opportunity for the National Assembly to cross-examine him. Taking into account the circumstances that we find ourselves in, having also very keenly heard learned Senior Counsel speak, matters of health are not matters to be taken lightly. On the same note, matters held cannot be given timelines. There cannot be certainty that if an adjournment were to be given even for one week, then there would be clarity and certainty that we would proceed on that assigned day. We would urge that we borrow practise that is accorded to other similar organs created by the Constitution. I have the courts of law in mind. Mr. Speaker, Sir, because it was earlier on submitted that Article 50 provides for the right to a fair hearing and that fair hearing does not necessarily have to be oral. We have had practice in our Supreme Court, where dealing with some of the most important decisions of our lifetimes, including decisions arising from presidential elections; had parties file submissions and their documents and that their advocates have had an opportunity to appear before the courts to highlight those documents and pleadings that have been filed. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}